Legal Opinion

Alliance Against IFQs v. Brown

Court of Appeals for the Ninth Circuit

Decided May 22, 1996No. 95-35077PublishedCited by 48 opinions

1Opinion of the Court

OPINION

KLEINFELD, Circuit Judge:

The only issue in this case is whether regulations for implementing a fishery management plan in and near Alaska waters was arbitrary and capricious, or violative of the authorizing statute. We conclude that the regulations were a permissible exercise of authority by the Secretary of Commerce.

I. FACTS AND REGULATORY FRAMEWORK

Commercial ocean fishing combines difficult and risky labor with large capital investments to make money from a resource owned by no one, the fish. Unlimited access tends to cause declining fisheries. The reason is that to get title to a…

2Cases cited7 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Brock v. Pierce CountySupreme Court of the United States · 1986
  3. Richard Atwood v. Newmont Gold Co., Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1995
  4. Audrey M. Thompson, Florence Ain & Gregory Ain, Dorothy E. Kahan & Robert Kahan, Nana Berman & William Berman v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1980
  5. Alaska Factory Trawler Ass'n v. BaldridgeCourt of Appeals for the Ninth Circuit · 1987

2 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Associated Fisheries of Maine, Inc. v. DaleyCourt of Appeals for the First Circuit · 1997
  2. North Carolina Fisheries Ass'n, Inc. v. GutierrezDistrict Court, District of Columbia · 2007
  3. Washington v. DaleyCourt of Appeals for the Ninth Circuit · 1999
  4. Pacific Coast Federation of Fishermen's Associations v. BlankCourt of Appeals for the Ninth Circuit · 2012
  5. Tempest Fisheries v. LockeCourt of Appeals for the First Circuit · 2012

43 more not listed; retrieve them via the Exa API.

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